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Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

A&O Shearman

The UK Supreme Court puts limits on the use of fire and rehire

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The UK Supreme Court has restored an injunction preventing Tesco from using the “fire and rehire” route to remove employees’ contractual entitlements to enhanced pay. Its judgment is fact-specific and does not prevent ...more

Maynard Nexsen

7 (Other) Reasons to Intervene in Bid Protests: What Awardees Need to Know

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With just a week to go in FY24, federal agencies are rushing to spend those "use it or lose it" dollars. And while there are a number of reasons that support filing a bid protest when you're an unsuccessful offeror – this...more

A&O Shearman

Southern District Of Florida Dismisses Securities Fraud Claim Against Equity Fund Alleging “Scheme” To Inflate Company Stock Price...

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On September 13, 2024, Judge K. Michael Moore of the United States District Court for the Southern District of Florida dismissed a complaint alleging that an equity fund (the “Company”), its affiliate companies, and several...more

A&O Shearman

Court Grants Motion To Dismiss In Antitrust Case Alleging Boycott Conspiracy Of Crop Protection Products

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On September 13, 2024, in a multidistrict litigation, the United States District Court for the Eastern District of Missouri granted defendants’ motion to dismiss plaintiffs’ class action claim of a conspiracy to artificially...more

Baker Donelson

AI Firm Reaches Settlement With Texas Attorney General Over Misleading Accuracy Claims

Baker Donelson on

Texas Attorney General, Ken Paxton, (the Attorney General) announced on September 19, 2024, a landmark settlement with Pieces Technologies (Pieces) over allegations of false and misleading claims about the capabilities of its...more

DLA Piper

World Uyghur Congress Case Ruling: A New Challenge for Supply Chains?

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In a landmark ruling, the Court of Appeal in a case brought by the World Uyghur Congress (WUC) has clarified that the provision of “adequate consideration” at some point in the supply chain does not prevent goods imported...more

DLA Piper

Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

DLA Piper on

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent...more

Cadwalader, Wickersham & Taft LLP

FTC’s Rule Banning Non-Compete Agreements Is “Set Aside” Nationwide in District Court Ruling, But Two District Courts Find FTC...

The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Davis Wright Tremaine LLP

California's Privacy Regulator Issues Enforcement Guidance on How To Avoid "Dark Patterns" in Obtaining Consumer Consent

On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from...more

Cozen O'Connor

D.C. AG Settles with Home Flipping Company That Allegedly Took Advantage of Homeowners

Cozen O'Connor on

District of Columbia AG Brian Schwalb settled with Curbio, Inc., to resolve allegations that it deceptively marketed and sold contracts for pre-sale home improvements in violation of the District’s consumer protection laws....more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

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Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

A&O Shearman

Federal Circuit Reverses § 101 Summary Judgment Of Invalidity, Holding That Describing Claims At High Level Of Abstraction And...

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On September 9, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Northern District of California’s decision finding asserted claims invalid under 35 U.S.C. §...more

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

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The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

A&O Shearman

Northern District Of Texas Allows Claims Alleging “Scheme” Liability Securities Fraud To Proceed Against Oil Company

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On August 12, 2024, Judge David C. Godbey of the United States District Court for the Northern District of Texas denied a motion for judgment on the pleadings in an action alleging that an oil company (the “Company”) and a...more

A&O Shearman

Fourth Circuit Affirms That Continuing Violation Doctrine Does Not Preserve Time-Barred Antitrust Claims Without “New” Harm Or...

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On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more

A&O Shearman

Eighth Circuit Reverses Jury Verdict For Aiding And Abetting Ponzi Scheme, Holding That In Pari Delicto Defense Barred Bankruptcy...

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On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the...more

Mintz - Employment Viewpoints

The Massachusetts Supreme Judicial Court Clarifies Rules on Benefit Accrual During PFML

On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that the Massachusetts Paid Family and Medical Leave Act (the “Act”) does not guarantee the accrual of benefits such as sick leave, vacation...more

A&O Shearman

Second Circuit Dismisses Rule 10b-5 Claims Based On Pure Omissions Theory Following Remand From The United States Supreme Court

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On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act...more

A&O Shearman

The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

A&O Shearman on

On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of...more

McDermott Will & Emery

Colorado AG Proposes Draft Amendments to the Colorado Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more

Bradley Arant Boult Cummings LLP

California Bans Most Hemp Products and Illuminates Battle Between Hemp and Marijuana Businesses

What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30,...more

White & Case LLP

United States Finalizes Section 301 Tariff Increases on Imports from China

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On September 13, 2024, the United States Trade Representative (USTR) announced the final Section 301 tariff increases on imports from China,1 following its original proposal in May 2024. Electric vehicles, electric vehicle...more

Bennett Jones LLP

B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

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Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C....more

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